Q: I inherited a house from my stepdad, I’m on the deed along with my mom. Can my soon to be ex husband claim a part of it?
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A:
In California, the characterization of property as separate or community property is important in determining whether your soon-to-be ex-husband can claim a part of the inherited house. Generally, any property acquired by inheritance during the marriage is considered separate property, which means your spouse would not have a claim to it in a divorce.
However, there are some circumstances where separate property can become commingled with community property, giving your spouse a potential claim. This may happen if:
1. You used community funds to maintain, improve, or pay the mortgage on the inherited property.
2. You refinanced the property with your spouse and used both of your names on the new mortgage.
3. You added your spouse's name to the title of the property.
If none of these situations apply, and you have kept the inherited property separate from your marital assets, your spouse likely does not have a claim to the property.
It's important to note that every situation is unique, and the specific details of your case may impact the outcome. It is highly recommended that you consult with a knowledgeable family law attorney in California who can assess your situation and provide guidance on protecting your assets during the divorce process.
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